What is the test for admitting a defendant's prior conviction for abuse of discretion?

California, United States of America


The following excerpt is from People v. Warren, C052070 (Cal. App. 10/2/2007), C052070 (Cal. App. 2007):

We review the trial court's admission of a defendant's prior conviction for an abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 654-655.) In exercising its discretion whether to admit a prior felony conviction for impeachment, the trial court must consider "`(1) [w]hether the prior conviction reflects adversely on an individual's honesty or veracity; (2) the nearness or remoteness in time of a prior conviction; (3) whether the prior conviction is for the same or substantially similar conduct to the charged offense; and (4) what the effect will be if the defendant does not testify out of fear of being prejudiced because of impeachment by prior convictions.'" (People v. Campbell (1994) 23 Cal.App.4th 1488, 1496.)

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